HomeMy WebLinkAboutPR 22757: SABINE PASS BOAT RAMP City of ort rtltur www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: September 16, 2022 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: John Cannatella, PE, City Engineer RE: PR 22757: Sabine Pass Boat Ramp: cceptance of an additional $257,751.00 from the Texas Parks and Wildlife Department(TPWD) for the reconstruction of the Sabine Pass Boat Ramp in Sabine Pass, Texas. Project No. PR0007-GRA Introduction: The intent of this agenda item is to authorize the City Manager to accept an additional $257,751.00 contribution from the TPWD towards the reconstruction of the Sabine Pass Boat Ramp in Sabine Pass, Texas. Background: The Sabine Pass Boat Ramp is located at the intersection of Broadway Street and S. 1 S`Avenue in Sabine Pass, Texas. The boat ramp has sustained severe damages over the years from storms and age. This boat ramp provides fishing and access to Sabine Lake and the Gulf of Mexico and it has become hazardous for the public to utilize the facility safely following Hurricane Harvey.The TPWD had access to monies from state funding through a grant from the Harvey Fisheries Disaster Relief Grant. Pursuant to Resolution 20-425,City Council approved participation in the Harvey Fisheries Disaster Relief Grant Program from the TPWD and accepted the $1,000,000.00 that was made available. The TPWD of Austin, Texas, has committed an additional $257,751.00 in grant funding for the reconstruction of the Sabine Pass Boat Ramp through the same Harvey Fisheries Disaster Relief Grant Fund.Additionally,the City of Port Arthur has allocated$1,000,000.00 from the American Rescue Plan (ARPA)towards the project "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 S:\Engineering\PUBLIC WORKS\PW-ENGINEERING\C.LP.PROJECTS\Year 2022\Sabine Pass Boat Ramp\Agenda\Agenda Memo TPWD Contribution.docx Budget Impact: Funds for this project are to be deposited available in the Capital Improvements Project Account 152- 00-000-4510-00-00-000; Project No. PR0007-GRA. Recommendation: It is recommended that the City of Port Arthur City Council approve PR22757 for the additional $257,751.00 contribution from TPWD towards the reconstruction of the Sabine Pass Boat Ramp in Sabine Pass, Texas. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 PR No.22757 9/19/2022 mje Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT ADDITIONAL GRANT FUNDS IN THE AMOUNT OF $257,751.00 FROM THE TEXAS PARKS AND WILDLIFE DIVISION OF TEXAS FOR THE RECONSTRUCTION OF THE SABINE PASS BOAT RAMP LOCATED AT BROADWAY STREET AND S. 1ST AVENUE IN SABINE PASS, TEXAS. FUNDS WILL BE MADE AVAILABLE IN CAPITAL IMPROVEMENT PROJECT ACCOUNT 152-00-000-4510-00-00-000. PROJECT NO. PR0007-GRA. WHEREAS, the Sabine Pass Boat Ramp in Sabine Pass, Texas has sustained significant damage due to hurricane events, years of use, and disrepair rendering it unsafe to use; and, WHEREAS, pursuant to Resolution No. 20-425, City Council agreed to participate and accept grant funding in the amount of $1,000,000.00 from the Texas Parks &Wildlife Department (TPWD) Harvey Fisheries Disaster Relief Grant Fund; and, WHEREAS, the TPWD has committed an additional $257,751.00 by way of this grant from the Harvey Fisheries Disaster Relief Grant Program for the reconstruction of the Sabine Pass Boat Ramp, see Exhibit A; and, WHEREAS, other funding sources for the project includes the City of Port Arthur's allocation of $1,000,000.00 from the American Rescue Plan (ARPA) and $125,000.00 donation from Cheniere Sabine Pass LNG; and, WHEREAS, the Sabine Pass Boat Ramp Project has a grand total of $2,382,751.00; and, WHEREAS, approval of PR22757 is herein deemed an appropriate action; now therefore, PR No.22757 9/19//2022 mje Page 2 of 4 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Manager of the City of Port Arthur is hereby authorized to accept the additional TPWD grant funds in the amount of $257,751.00 for the reconstruction of the Sabine Pass Boat Ramp; and, THAT, the City Manager is hereby authorized to execute the Amendment to Contract attached hereto as Exhibit"A"; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of , A.D., 2022 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Thurman Bill Bartle Mayor ATTEST: Sherri Bellard City Secretary PR No.22757 9/19/2022 mje Page 3 of 3 APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: kaldpValecia Ti eno Ron Burton City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: Kandy Daniel Interim Director of Finance John C n tells, PE City Engineer LL L41 Clifton Williams, CPPB Purchasing Manager EXHIBIT "A" TO P.R. NO. 22757 AMENDMENT TO CONTRACT THE STATE OF TEXAS )( )( AMENDMENT NO. 1 TO CONTRACT NO. CA-0001129 COUNTY OF TRAVIS )( It is mutually understood and agreed by and between the undersigned contracting parties of the above numbered Contract to amend said contract as follows: In accordance with the terms of the above referenced contract executed March 19, 2021, TPWD hereby amends the project entitled, "Sabine Pass Boat Ramp Rebuild and Area Improvement," as follows: Section IX, TERM OF CONTRACT, is amended to extend the contract by 5 (five) months. The new contract termination date is May 31, 2023. Section VIII,CONTRACT ADMINISTRATION,is updated with a new Project Coordinator and Contract Point of Contact for the City of Port Arthur(Port Arthur): Port Arthur Project Coordinator Port Arthur Contract Point of Contact John Cannatella Jennifer Edwards City Engineer 444 4th Street 444 4th Street Port Arthur, TX 77640 Port Arthur, TX 77640 409-983-8188 409-983-8189 Jennifer.edwards@portarthurtx.gov John.cannatellac portarthurtx.aov Pursuant to Section IV, CONTRACT AMOUNT, an additional budget of $257,751 (two hundred fifty- seven thousand seven hundred fifty-one dollars) in grant funding and $125,000 (one hundred twenty- five thousand dollars) in donation funding will be provided by TPWD for contracted services per Table 1 below. The new total reimbursable amount will not exceed$1,382,751 (one million three hundred eighty- two thousand seven hundred fifty-one dollars). Budgeted monies not spent in Fiscal Year(FY)2022 are eligible to roll over to FY 2023. Table 1. Funding Current TPWD Additional TPWD Total TPWD Funding Source Reimbursable Reimbursable Funding Reimbursable Funding Funding Federal Grant Funds Hurricane Harvey Disaster $1,000,000 $257,751 $1,257,751 Recovery/CFDA 11.022 NA19NMF0220006 TPWD Donation Funds $125,000 $125,000 TPWD REIMBURSABLE GRAND TOTAL: $1,382,751 Per Attachment J, "Certification of Resolution Number 22-328," attached hereto and incorporated herein for all purposes,the City of Port Arthur has secured additional funding up to$1,000,000 (one million dollars)for project costs in excess of the amount provided by TPWD. The original "Proposal and Budget" in Attachment A are updated to include the additional funding information and completion dates as per Attachment A-1, attached hereto and incorporated herein for all purposes. Section X., DEFINITIONS, is updated as follows: The following definitions are revised: I. UGMS means Uniform Grant Management Standards. (https://www.comptroller.texas.gov/purchasing/docs/ugms.pdf). UGMS is defined to include its successor guidance,Texas Grant Management Standards (TxGMS),the terms of which now control for purposes of this agreement: https://comptroller.texas.gov/purchasing/grant-management/ K. DUNS is replaced by SAM UEID. SAM UEID means the U.S. Government System for Award Management(SAM) Unique Entity Identifier. Section XI., GENERAL TERMS AND CONDITIONS, is updated with the following new terms: State Records Retention Requirements: Performing Entity shall maintain and retain supporting fiscal and any other documents relevant to showing that any payments under this Performing Entity's funds were expended in accordance with the laws and regulations of the State of Texas, including but not limited to, requirements of the Comptroller of the State of Texas and the State Auditor. Performing Entity shall maintain all such documents and other records relating to this Contract and the State's property for a period of seven (7) years after the date of submission of the final invoices or until a resolution of all billing questions, whichever is later. Performing Entity shall make available at reasonable times and upon reasonable notice, and for reasonable periods, all documents and other information related to the work of this Contract. Severability: Each provision of this Contract is distinct and severable from the others. If one or more provisions is or becomes invalid, unlawful, or unenforceable in whole or in part,the validity, lawfulness and enforceability of the remaining provisions (and of the same provision to the extent enforceable)will not be impaired, and the Parties agree to substitute a provision as similar to the offending provision as possible without its being invalid, unlawful or unenforceable. Child Support Obligation: Port Arthur represents and warrants that it will include the following clause in the award documents for every subaward and subcontract and will require subrecipients and contractors to certify accordingly: "Under Section 231.006 of the Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid or application is not ineligible to receive the specified grant, loan,or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application." Byrd Anti-Lobbyinq Amendment: Port Arthur certifies that no federal appropriated funds have been paid or will be paid to any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress on its behalf to obtain, extend, or modify this contract or grant. If non-federal funds are used by Port Arthur to conduct such lobbying activities, Port Arthur shall promptly file the prescribed disclosure form. In accordance with 31 U.S.C. § 1352(b)(5), Port Arthur acknowledges and agrees that it is responsible for ensuring that each subrecipient and subcontractor certifies its compliance with the expenditure prohibition and the declaration requirement. Clean Air Act and Federal Water Pollution Control Act: Port Arthur represents and warrants that it will comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Executive Head of a State Agency Affirmation: In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Port Arthur certifies that it is not (1) the executive head of TPWD, (2) a person who at any time during the four years before the date of the contract or grant was the executive head of TPWD, or(3) a person who employs a current or former executive head of TPWD. Open Meetings: If Port Arthur is a governmental entity, Port Arthur represents and warrants its compliance with Chapter 551 of the Texas Government Code which requires all regular, special or called meeting of a governmental body to be open to the public, except as otherwise provided by law. Public Camping Ban: Port Arthur certifies that it has not received a final judicial determination finding it intentionally adopted or enforced a policy that prohibited or discouraged the enforcement of a public camping ban in an action brought by the Attorney General under Local Government Code §364.003. If Port Arthur is currently being sued under the provisions of Local Government Code §364.003, or is sued under this section at any point during the duration of this grant, Port Arthur must immediately disclose the lawsuit and its current posture to TPWD. Reporting Suspected Fraud and Unlawful Conduct: Port Arthur represents and warrants that it will comply with Section 321.022 of the Texas Government Code which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. This Amendment shall become effective upon signature of both parties. All other terms and conditions not hereby amended are to remain in full force and effect. RECEIVING AGENCY PERFORMING AGENCY TEXAS PARKS AND WILDLIFE DEPARTMENT CITY OF PORT ARTHUR By: By: Carter Smith Authorized Signature Executive Director Date: Date: SAM SAM UEID: EVA9NVGH2K85 UEID: EMVNEFYW2KN4 Attachment A-1: Revised Proposal and Budget A. PROPOSAL TITLE: Sabine Pass Boat Ramp Rebuild and Area Improvement B. PROPOSAL PERIOD: 3-15-2021 to 5-31-2023 C. DESCRIPTION: The Sabine Pass Boat Ramp project will consist of: removing existing ramp material; finger pier(4) rebuild; ramp (3) rebuild; material for prevention of washout at base of ramp; stainless steel fish cleaning station that is covered and on a concrete slab with water connection; floating dock including pilings, dock and walkway; steel sheet piling to contain fill for expansion and stabilization of green space; protective pilings to dissuade industrial use of ramp area; hot mix asphalt for parking lot improvement; landscaping of greenspace; treated wood bollards and stainless cable to prevent vehicle entry. D. NEED Fishing and access to the waters of the Sabine Lake area are vital cultural components of coastal southeastern Texas. The most frequently used access point to the Gulf of Mexico is through the Sabine Pass Boat Ramp (a.k.a. Broadway). It is also well placed for anglers or pleasure boaters who are accessing the Sabine Pass Channel and Lake. Fishing and other water related activities provide a revenue source for surrounding communities of Sabine Pass as well as Port Arthur as the draw of good fishing attracts anglers from areas well outside of the immediately surrounding towns. This important boat ramp has been in operation since at least the early 1980s but has received damage from recent storms such as Hurricane Harvey as well as from industrial use such as crew boats using it as an off and onloading point. The finger piers are cracked and falling apart, and the entire site could be greatly improved to provide a safer, better functioning facility for continued use and enjoyment of the Sabine Lake and Gulf of Mexico environment including its fishery resources. E. PURPOSE The purpose of this project is to provide a safer more functional, strategically located, access and disembarking point for boaters interested in Sabine Lake and the Gulf of Mexico. F. OBJECTIVE(S) The objectives will be to replace the existing structures with safer, well-constructed replacements and enhancements. Goals are to provide three boat ramps and four finger piers, a floating dock with walkway, expansion of green space with the inclusion of a covered fish cleaning station on the water's edge, protective structures to prevent future damage from industrial use. These improvements are to be completed at the present Sabine Pass boat ramp area and within the project period. G. EXPECTED RESULTS OR BENEFITS The benefits of the project will be improved water access facilities. This will result in more anglers using the ramp and increased revenue to the local economy. Because this project is designed to withstand environmental and manmade disturbances it should provide water access and improved recreation benefits for years (10+). In addition, creel surveys conducted by TPWD Coastal Fisheries will have access to the fisher dependent data that may be obtained from anglers coming off the water and fishery independent data obtained when conducting sampling after launching from the Sabine Pass boat ramps. H.APPROACHES The County will ensure the following to perform the work outlined above: USACE permits obtained for work plan Solicitation of contract bids Vendors are then expected to execute the project plans including: • Removing existing ramp and finger pier material • Rebuild finger piers (4) including horizontal and vertical bumpers constructed with marine lumber and cleats • Rebuild boat ramps (3)with textured concrete to provide tire grip when pulling boats out of the water • Place material for prevention of washout at base of ramp • Drive steel sheet piling to contain fill for expansion and stabilization of green space and water edge walkway • Place fill in area behind sheet piling for greenspace and water's edge walkway support • Water connection for fish cleaning station routed to site • Water edge walkway construction • Construction of stainless-steel fish cleaning station including water connection and covering • Placement of floating dock pilings, floating dock and connecting walkway • Placement of protective pilings to dissuade industrial use of ramp area • Placement of hot mix asphalt for parking lot improvement • Landscaping of greenspace • Placement of treated wood bollards and stainless cable to prevent vehicle entry I. USEFUL LIFE This boat ramp should have a useful life of 10+years. J. GEOGRAPHIC LOCATION The ramp area is located on Sabine Lake(specifically the Sabine/Neches Ship Channel) in Sabine Pass, Texas at the intersection of Broadway and 1st Street. Approximately 10 miles southeast of Port Arthur, Texas. K. BUDGET Budget Category FY 2022 FY 2023 Total Contractual $ 135,650 $ 1,247,101 $ 1,382,751 *Per City of Port Arthur Resolution Number 22-328, up to$1,000,000 will be provide for the Sabine Pass Boat Ramp Protect. L. EQUIPMENT No equipment purchase is anticipated using federal grant funds M. RELATIONSHIP WITH OTHER GRANTS None N.TIMELINE • Execute subcontract agreement 04-01-2021 • Begin work 04-01-2021 • Interim Performance Report to TPWD 08-15-2021 • Interim Performance Report to TPWD 11-30-2021 • Interim Performance Report to TPWD 02-28-2022 • Interim Performance Report to TPWD 04-30-2022 • Interim Performance Report to TPWD 07-31-2022 • Interim Performance Report to TPWD 10-31-2022 • Interim Performance Report to TPWD 01-31-2023 • Interim Performance Report to TPWD 04-30-2023 • Complete Construction 04-30-2023 • Final Inspection by TPWD 05-01-2023 • Final Performance Report to TPWD 05-31-2023 Attachment J: City of Port Arthur Resolution No. 22-328 THURMAN BARTIE,MAYOR "" RON BURTON INGRID HOLMES,MAYOR PRO TEM City of 0,,, ACITY MANAGER COUNCIL MEMBERS: AI SHERRI BELLARD,TRMC CAL J.JONES y-- CITY SECRETARY THOMAS KINLAW,III. u r t r t h u r KENNETH MARKS Texas VAL TIZENO CHARLOTE MOSES CITY ATTORNEY DONALD FRANK,SR. CERTIFICATION THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, Sherri Bellard, City Secretary of the City of Port Arthur, Texas, hereby certify that the attached is a full, true, and correct copy of Resolution No. 22-328 the same appears of record in the City of Port Arthur, Texas; and that the City Secretary is the lawful possessor and custodian of said document. WITNESS MY HAND AND SEAL of office at my office in Port Arthur, this the 9th day of August 2022. `‘ (SEAL) ,/ % , % ,5, ,. S rri Bellard, City Secretary TRMC P.R. No.22682 07-11-22 KD RESOLUTION NO. 3(e A RESOLUTION AUTHORIZING THE CITY MANAGER TO REVISE THE AMERICAN RESCUE PLAN ACT (ARPA) PROJECT CATAGORIES WHICH WERE PREVIOUSLY APPROVED (PUBLIC COMMENT WILL BE ALLOWED PRIOR TO CONSIDERATION OF THIS ITEM) . WHEREAS, the City of Port Arthur was allocated a total of $26, 731, 836 in funding from the American Rescue Plan Act (ARPA) ; and, WHEREAS, a public hearing was held on January 18, 2022 to advise the public on the proposed allocation of funds; and, WHEREAS, it is requested that the Revenue Loss Category be increased by $6 million, the Infrastructure Category be decreased by $5 million, and the Broadband Access Category of $1 million be deleted as shown in Exhibit "A"; and, WHEREAS, the revision is in accordance with American Rescue Plan (ARPA) guidelines; and, WHEREAS, the City Council of the City of Port Arthur finds it to be in the interest of the citizens of Port Arthur to revise the American Rescue Plan (ARPA) project categories as shown in Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the facts and opinions in the preamble are true and correct . THAT the City Council hereby authorizes the City Manager to revise the American Rescue Plan Act (ARPA) Project Categories, in substantially the same form as attached hereto as Exhibit "A". That a copy of the Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of ,4R%i. 2022, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: IDCOUlked / /(INAA f)) kij,ii ;A , Councilmembers: %/)0472 . , ) , airik 121014_.) / NOES: i�� . --,,ii-4-„— ur n Bartie Ma r ATTE 1 : , � r �. - � i� She , i Bellard �"� City Secretary APPROVED AS TO FORM: See memo Val Tizeno City Attorney APPROVED FOR AD I ION: Ron Burton 1 City Manager Kandy Daniel y Interim Finance Director Clifton Williams, CPPB Purchasing Manager EXHIBIT "A" City of Port Arthur 2021 -2022 Budget American Rescue Plan Improvements Estimated Proposed Revised Project Cost Revision Project Cost Recovered Rev Loss-Govt Services 1,101,836 6,000,000 7,101,836 Water/Wastewater Infrastructure Improvements 18,000,000 (5,000,000) 13,000,000 Landfill Slope Stabilization 2,000,000 2,000,000 Broadband Wifi for Parks 1,000,000 (1,000,000) - Health Dept Vaccination Center 2,000,000 - 2,000,000 Westside Drainage Improvement(17th&19th) 2,000,000 - 2,000,000 Grant Management/Admin Costs 630,000 - 630,000 Total ARP Improvements 26,731,836 - 26,731,836 * * * * * * -1 K t7 � � r X7:$ XXXX0 C) COr ih CO 5 j• w a s < < < < < < < m �'- a o ro < ,b o 0 0 0 0 0 0 �' E N Y 0 CD ( � � & cn Cl) Cl) Y d g v Xz x � > H - CD �. 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